Aruna v. The Superintendent Of Police

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 21.02.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN Aruna ... Petitioner Vs.

1. The Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.

2. State rep. by The Inspector of Police, Kadaladi Police Station, Kalasapakkam Taluk, Thiruvannamalai District.

Crime No.320 of 2024.

3. Jeya ... Respondents PRAYER: Criminal Original Petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, to direct the Principal Sessions Judge at (Special Judge for SC/ST) Thiruvannamalai District to consider the bail application on the same day in connection with Crime No.320 of 2024 on the file of the second respondent Police herein upon surrender of the petitioner before them.

For Petitioner : Mr. S.L.Venkatesan For Respondents : Mr. K.M.D.Muhilan, Government Advocate (Crl. Side) (for R1 & R2)

O R D E R

This petition is filed for a direction to the Principal Sessions Judge at (Special Judge for SC/ST) Thiruvannamalai District to consider the bail application on the same day in connection with Crime No.320 of 2024 on the file of the second respondent Police herein upon surrender of the petitioner before them.

2.

In view of the specific bar under Section 18 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 and also taking into consideration of the possibility of misusing the pious intention of the Parliament against innocent persons, there shall be a direction to the Principal Sessions Judge at (Special Judge for SC/ST) Thiruvannamalai District, to consider the petitioner's bail application, preferably on the same day of her surrender in connection with Crime No. 320 of 2024 and pass appropriate orders in accordance with law, after affording due opportunity to the victim under Section 15(a) of the SC/ST

Act. The petitioner shall surrender before the concerned jurisdictional Court within a period of fifteen days from the date of the receipt of a copy of this Order.

3.

It is needless to say that the Court below while disposing the bail petition shall look into the gravity of the offence, previous antecedents of the petitioner and pass orders. Mere direction issued by this Court to consider the bail petition on the same day does not amount to consider it favourably.

4.

With the above direction, the Criminal Original Petition stands disposed of.

21.02.2025 Index : Yes/No : Yes/No Speaking/non-speaking order kv To

1. The Principal Sessions Judge at (Special Judge for SC/ST)

Thiruvannamalai District.

2. The Superintendent of Police, Thiruvannamalai, Thiruvannamalai District.

3. The Inspector of Police, Kadaladi Police Station, Kalasapakkam Taluk, Thiruvannamalai District.

G.K.ILANTHIRAIYAN, J.

kv 21.02.2025